Federal Land Bank v. Terpstra (In Re Porter)

ORDER ON APPEAL

HANSEN, District Judge.

This matter is before the court on appellant Federal Land Bank’s appeal, filed April 8, 1987, from a decision of the bankruptcy court entered February 27, 1987, holding that rent receipts held by the Trustee are free and clear of the lien claim of the Federal Land Bank. The Trustee resists the appeal and urges this court to affirm the bankruptcy court. Both sides have filed briefs outlining their arguments, and oral argument has been heard.

The facts are not in dispute, having been stipulated to by the parties and can be briefly summarized as follows:

The…